QUESTION

Can the officer/judge charge me with a DUI when I go to court, will it come up and do you think one would do that?

Asked on Mar 20th, 2014 on DUI/DWI - Georgia
More details to this question:
About 6 months ago, I was pulled over for going 40 in a school zone. I was going through a rough time and smoked marijuana before driving. It was not enough to impair me, and yes, I know it was stupid and ignorant (I have quit after this incident). The officer smelled the pot in my car and I turned over what I had (less than a gram) and went along with testing without resisting or argument. He did me a huge favor, and life saver, by only giving me the speeding ticket. Now, there is no signage or markings saying it’s a school zone, so my parents are making me challenge it in court. My questions is, can the officer/judge charge me with a DUI when I go to court, will it come up, and do you think one would do that? I feel awful challenging it after the officer let me go when he could of gave me a DUI, but due to financial problems, I have to. I live in central California, and I am 19 years old so I will be representing myself. Thank you for the help!
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3 ANSWERS

Michael J. Breczinski
Well they would have to have kept the pot and then get it tested to show that it is really pot. Then they could charge you. They would need some sort of test to show that you were under the influence for a DUI.
Answered on Mar 24th, 2014 at 11:43 AM

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They will not do anything at court. I am guessing that the cop tossed the marijuana. If he did not do field sobriety tests, check your balance. or he did not require you to do a blood test they would have an almost impossible time proving you were under the influence.
Answered on Mar 21st, 2014 at 8:43 AM

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Don't be a fool. Hire an attorney.
Answered on Mar 21st, 2014 at 8:43 AM

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